New FMCSA medical standards
- Thread starter AMonger
- Start date
Tennesseahawk
Veteran Expediter
AMonger
Veteran Expediter
And next year get your physical somewhere else!
zorry
Veteran Expediter
I'll get it near the house next year. Lesson learned.
been on the 1 yr card since coming to the US....Canada carrier had no such restriction or requirements...
Sorry, I didn't mean to come off sounding cryptic, nonsensical or evasive. You asked about FMCSA standards for sleep studies, I assume in the context of sleep apnea, and the answer is, simply, there are no FMCSA standards for that, at all.
It's been talked about, fretted about, and cried about, but to date there are no rules, proposed or otherwise, by the FMCSA to require sleep testing, nor are there any new disqualifying medical reasons such as neck size that would prevent a doctor from giving you a valid medical card. A doctor cannot make you take a sleep apnea test as a condition of getting your medical card. The FMCSA is very specific about what will medically disqualify you, and having sleep apnea or not getting a test for it ain't one of them.
I mentioned, "least not by the FMCSA" not because there are some states doing it (far as I know none are), but because there are a small handful of carriers doing it, and they are doing it not because there is any valid medical reason for doing so, but because they have a difficult time getting the FMCSA brown crap off their noses. CR England is one such carrier, and there are 2 or 3 others.
The FMCSA had argued for many months (at least 30) that they had the authority to issue Guidance (this is what we want, therefor this is how it's gonna be, so there) on OSA (Obstructive Sleep Apnea), rather than go through the formal Rulemaking Process which requires not only cost studies but also data to back up the need for the rule in the first place.
Partially in response to the FAA's surprise Policy Guidance requiring pilots with a BMI greater than 40 to undergo a sleep study, and because of requests from truckers and others, back on September 23, 2013 Representatives Larry Bucshon (R-Ind.) and Daniel Lipinski (D-Ill.) introduced a bill and quickly secured the support of major industry groups and dozens of their House colleagues. The House Transportation and Infrastructure Committee unanimously passed their bill, and on September 26th (3 days after the bill was introduced) the House passed the bill by a vote of 405-0. One week later on October 3rd the Senate passed the bill by a likewise similarly unanimous vote.
That got the attention of the FMCSA, who the same day released a statement saying that's what they meant all along when they said 'Guidance instead of the formal rule making process' and stated the agency would act “through the formal rule-making process after collecting and analyzing the necessary data and research.” Which is probably a good thing, since that's nearly word for word what the bill says they have to do. Less than 2 weeks after passing both houses of Congress, on October 15th Obama signed the bill into law. That was fast
So, not only are there no new FMCSA rules in effect, there isn't likely to be ay time soon without a thorough and detailed rule making process that a unanimous Congress will be closely watching.
As for any proposed rules from the FMCSA, you can find those here:
Proposed Rules - Federal Motor Carrier Safety Administration
As for where to get your DOT physical, beginning on May 21, 2014 you must get a DOT medical examination by someone who is registered on the National Registry of Certified Medical Examiners - Federal Motor Carrier Safety Administration.
As of January 30, 2014 you must submit your medical card to your state driver's licensing agency, where they will hold your card, and you no longer have to carry one on your person for any longer than 15 days after it was issued. However, some states aren't ready to implement the program, so to “protect commercial drivers from being cited for violations” in states where the new system is not set up, the FMCSA officially announced on January 10th that they are extending the period which drivers must continue to carry paper copies of their medical examiner’s certificate until Jan. 30, 2015. So, don't toss your medical card into the trash for another year.
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It's the difference between posting with my phone while on a load, and posting with my computer after delivery.
Maverick
Seasoned Expediter
Good post. Would this not seem a prelude for things to come?
Just read about this, this morning. Funny how they set up the requirement for drivers, but the part which benefits the driver (not having to carry it physically) will not be implemented for another year. They also suggest when you go to your state DMV....you get a copy, or document, of your having linked the license with the physical card, in the event something goes wrong in the system and you'll have to jump through hoops to prove compliance.
Did mine 3 weeks ago in MI.....and have no proof I did it. Bummer.
Maverick
Seasoned Expediter
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I am wondering: which part of this program [linking medical clearance with CDL] 'benefits drivers'?
Because I'm not seeing any benefit, just more hassles. First, finding a doctor on the acceptable registry [like clinics for the poor, plenty of places are 'underserved'], and if your own doctor isn't doing it [like mine], then the MD who knows you & your history is "unqualified". Then paying for it [they can charge whatever, because we haven't much choice]. Finally, having to notify the state when the medical card is renewed, which is not the same date as the license renewal.
All so the government can rest assured that every driver with a CDL was in reasonable health when the physical exam was done - which is a reassurance of exactly nothing at all.
The truth of that last statement was just underscored for me by the recent sudden death of my 27 year old nephew - he was in excellent health, until he went to sleep and never woke up. [The coroner won't rule until toxicology tests come back, but all the nurses in the family are thinking cerebral aneurysm]
The rules are all about compliance, which benefits the rulers, but drivers? Not so much.
Maverick
Seasoned Expediter
Sorry for the loss Cheri. That's a very young age, and difficult losing a family member in that manner.
Agree with your point, and the reason the statement was made, is to your point. Seems every time we turn around (not been in the business for long, by comparison) but it seems the regulations kinda push in the same direction. Centralized, not beneficial to the ground soldier, and always a new compliance for the driver. I know the companies have to adjust as well, and by no means should we forget that....but this article kinda struck me of the same old thing, you will comply NOW, we will get on board later.
Meanwhile, if our computers have a glitch, or mistake made, you will have to jump the hoops, while proving to us you did as required? Used to be the opposite, no matter what the profession or structure, it was put in place....and then you complied within the mainframe already assembled.
It's amazing to me that the O/O/Driver.....has to potentially lose money, go down to the DMV once again, and later prove they did so because the system is actually not fully in place. As for the physical, it is centralization once again, with perhaps some funding or incentives going to those within that framework who will essentially be the entity which decides who drives, and who does not. I see a more stringent and controlling system being formed....but hope it's a wrong assumption.
Agree with your point, and the reason the statement was made, is to your point. Seems every time we turn around (not been in the business for long, by comparison) but it seems the regulations kinda push in the same direction. Centralized, not beneficial to the ground soldier, and always a new compliance for the driver. I know the companies have to adjust as well, and by no means should we forget that....but this article kinda struck me of the same old thing, you will comply NOW, we will get on board later.
Meanwhile, if our computers have a glitch, or mistake made, you will have to jump the hoops, while proving to us you did as required? Used to be the opposite, no matter what the profession or structure, it was put in place....and then you complied within the mainframe already assembled.
It's amazing to me that the O/O/Driver.....has to potentially lose money, go down to the DMV once again, and later prove they did so because the system is actually not fully in place. As for the physical, it is centralization once again, with perhaps some funding or incentives going to those within that framework who will essentially be the entity which decides who drives, and who does not. I see a more stringent and controlling system being formed....but hope it's a wrong assumption.
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AMonger
Veteran Expediter
I just remembered when I googled this, I read a bunch of stories about drivers being forced to get the sleep study to get their medical certification renewed. Presumably, they don't all work for England or the other extra-compliant carriers. Any idea where that's coming from? Before the FMCSA was slapped down on this?
Overzealous physicians getting kickbacks for sleep clinic referrals.
AMonger
Veteran Expediter
Since, as you say, the FMCSA dictates what does and doesn't disqualify, presumably the driver could've said, "No, I think not. I'll just take my card, please"?
Correct. The doctor must have a valid medical or physical reason for disqualification, and the FMCSA is very specific about what all is a disqualification.
Here is the regulation listing the disqualifications:
Physical qualifications for drivers. - Federal Motor Carrier Safety Administration
Here are all the disqualification with the Medical Advisory
Medical Advisory Criteria for Evaluation Under 49CFRPart391.41 - Federal Motor Carrier Safety Administration
Sleep apnea is not a disqualification. But they are trying to ease it into the American consciousness, and truckers, and the DOT that it should be. And most of those people up until now have been going right along with it.
Now, as to where all this comes from is, basically, a group of medical professionals trying to create a crisis need for the solution they conveniently provide, creating a problem for which they have the solution. The National Sleep Foundation was founded in 1990 to "improve public health and safety by achieving understanding of sleep and sleep disorders, and to support sleep-related education, research and advocacy."
The National Sleep Foundation (NSF) has partnered up with the FMCSA, in the interest of public safety, you know, for the children, to get the information out there "in the interest of information exchange," and to get truckers to thinking they might need to get tested because this is a serious problem. It's bad, bad I tell you! (The first report showed that 1-in-3 truckers suffered from sleep apnea, but we now know that that number turned out to be made up after some real, actual sleep studies of truckers showed it to be far, far less than that - less than the general population at large, actually. But that won't stop 'em.)
After years of careful prodding and lobbying, in 2006 the NSF and the American College of Occupational and Environmental Medicine (ACOEM), got the FMCSA on board, along with the American Trucker Association, to do an official study. (read about it here: official study. Read the actual study here: PDF).
Then, to follow that up, the NSF puts together an Expert Panel of Expert Sleep Experts, one of whom is the Vice-Chariman of the NSF, all of whom are physicians, professors, psychiatrists, behavioral scientists and sleep study and sleep disorder specialists, and are all members of the NSF. They literally eat and sleep this stuff. The Expert Panel of Sleep Experts, being the highly acclaimed academics that they are, create a well researched, well supported report for the FMCSA in January of 2008. You can read that PDF here: MEP-Panel-Recommendations-508.pdf
Wasting no time, the ACOEM inserted the sleep apnea criteria into the study and course materials in 2009 where they present the sleep apnea recommendations http://www.pspa.net/userfiles/QuickReferenceGuide.pdf as if they are already FMCSA Regulations. And, that's what is being taught to physicians, because the ACOEM course is part of the materials required by physicians who are approved for the National Registry of Certified Medical Examiners. Aanndd, it's no coincidence that the FMCSA's Web site of the National Registry of Certified Medical Examiners. and the Web site of the National Sleep Foundation are so similar. It's because they are run by the same people, and it ain't the FMCSA.
It took a bill out of congress to stop the Sleep Apnea Train. Otherwise they'd be full-blown FMCSA Recommendations by this time next year, allowing doctors to use it to disqualify, and actual FMCSA Regulations within two years after that, requiring doctors to use it to disqualify.
Turtle;
Excellent posts, as aways. You are right on.
FMCSA's most recent sleep study was released today but it had involved the "in depth" study to determine if drivers are better rested now that they implemented the mandatory 2 consectutive day breaks from 1 am to 5 am. Guess what they determined? Drivers are now more rested since this new rule was implemented. Suprised? Only in America.
Turtle - when and if you ever get really tired of driving you should seek out a position in Safety. You always post excellent, correct information on safety issues and seem to have an interest in it. I always enjoy your posts.
Thanks,
Excellent posts, as aways. You are right on.
FMCSA's most recent sleep study was released today but it had involved the "in depth" study to determine if drivers are better rested now that they implemented the mandatory 2 consectutive day breaks from 1 am to 5 am. Guess what they determined? Drivers are now more rested since this new rule was implemented. Suprised? Only in America.
Turtle - when and if you ever get really tired of driving you should seek out a position in Safety. You always post excellent, correct information on safety issues and seem to have an interest in it. I always enjoy your posts.
Thanks,
Murraycroexp
Veteran Expediter
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